GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 404

Short Title:  Relocate Abandoned Cemeteries.	(Public)
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Sponsors: Senators Hunt of Moore; Guy, Marvin, Raynor, Speed, Staton, Taft, Tally, and Walker.
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Referred to:  Judiciary III.
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March 13, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE RELOCATION AND CARE OF THOSE ABANDONED CEMETERIES SELECTED FOR RELOCATION BY THE ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION OF THE DEPARTMENT OF CULTURAL RESOURCES.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 65 of the General Statutes is amended by adding an Article to read:
“ARTICLE 1A.
"Relocation of Abandoned Cemeteries.
"§ 65-3.1.  Purpose.
The purpose of this Article is to stop the loss of abandoned public cemeteries by vandalism, logging, plowing, and other causes, to relocate certain abandoned cemeteries on a county by county basis, and to provide for the perpetual care of these relocated cemeteries, thereby preserving their historic significance.
"§ 65-3.2.  Administration of program.
The Archaeology and Historic Preservation Section of the Division of Archives and History, Department of Cultural Resources, shall administer the relocation of abandoned public cemeteries program.
"§ 65-3.3.  Selection for relocation.
(a)	The Archaeology and Historic Preservation Section shall select those abandoned cemeteries that, according to the Section, need relocation.  The Archaeology and Historic Preservation Section may rely on the list of abandoned public cemeteries compiled pursuant to G.S. 65-1.
(b)	From this selection, the Archaeology and Historic Preservation Section shall create a list of counties that contain the selected abandoned cemeteries and rank those counties according to need for relocation of abandoned cemeteries within each county.
(c)	The Section shall relocate the selected abandoned cemeteries in the first county on the list compiled under subsection (b) of this section until all selected abandoned cemeteries within that county have been relocated. As long as funds are available, the Section shall relocate the selected abandoned cemeteries in the remaining counties on the list in order of ranking.
"§ 65-3.4.  Contractor to perform relocation.
(a)	The Archaeology and Historic Preservation Section shall receive written bids for the relocation program from any person, firm, or corporation that:
(1)	Is licensed in North Carolina for the practice of funeral directing or funeral service pursuant to G.S. 90-210.25;
(2)	Has been engaged in the business of cemetery relocation for the previous 10 years; and
(3)	Is qualified to relocate cemeteries based on past experience, reputation, and other qualifications known to the Section.
(b)	The Archaeology and Historic Preservation Section of the Department of Cultural Resources shall review the proposals and select a person, firm, or corporation to perform the relocation of the selected abandoned cemeteries.  The State and this contractor shall enter into a negotiated service contract.
(c)	In lieu of requiring a performance bond from the contractor, the Archaeology and Historic Preservation Section shall withhold at least ten percent (10%) of the compensation to be paid according to the terms of the negotiated service contract until the contractor has completed all of his obligations under the contract.  No performance bond may be required from the contractor.
(d)	The total amount to be paid the contractor under the terms of the negotiated service contract may not exceed the amount of monies available to the Department for this purpose.  This amount shall equal the current appropriation less:
(1)	The costs incurred by the Archaeology and Historic Preservation Section in carrying out the provisions of this Article; and
(2)	The costs to purchase, pursuant to G.S. 65-3.5(a), the properties to which the selected abandoned cemeteries will be relocated.
"§ 65-3.5.  Duties of the contractor.
(a)	Upon the approval of the Archaeology and Historic Preservation Section, the contractor shall select the sites to which the abandoned cemeteries are to be relocated.  The State shall obtain fee simple title to each site prior to relocating an abandoned cemetery to that site.
(b)	The contractor shall:
(1)	Prepare each site by clearing undergrowth and constructing fences;
(2)	Determine the location of each grave on the property;
(3)	Disinter and remove graves at the cemetery to be relocated;
(4)	Refill graves spaces and landscape;
(5)	Reinter the graves at the relocation site;
(6)	Grade and landscape the relocation site; and
(7)	Perform any other function necessary to effectuate the relocation.
"§ 65-3.6.  Supervision by Department; inspection of certain contents of graves.
(a)	The Archaeology and Historic Preservation Section shall supervise the activities of the contractor under G.S. 65-3.5.  The contractor's work shall be fully satisfactory to the Section.
(b)	A representative of the Archaeology and Historic Preservation Section may inspect the remains and:
(1)	Study any remains uncovered at disinterment for up to two hours; and
(2)	Study those remains believed by the representative to be of historical significance for a period not to exceed five days; provided, however, that no more than ten percent (10%) of the remains at any one abandoned cemetery may be studied during one five-day period.
(c)	Upon the invitation of the Archaeology and Historic Preservation Section, college and university archaeology classes may observe the inspections and studies conducted by the Archaeology and Historic Preservation Section and assist with these inspections and studies.
"§ 65-3.7.  Future care of relocated cemeteries.
(a)	The Department of Correction is authorized to furnish prison labor from a unit in a county to provide for the future care of a relocated cemetery in that county.  The wages to be paid this prison labor may be appropriated by the General Assembly for this purpose.
(b)	The Department of Cultural Resources may enter into contracts with private persons, firms, or corporations for the provision of future care when future care has not been provided for pursuant to subsection (a) of this section."
Sec. 2.  The Department of Cultural Resources shall enter into a negotiated service contract with a contractor pursuant to G.S. 65-3.4 within 60 days after the effective date of this act.
Sec. 3.  There is appropriated from the General Fund to the Department of Cultural Resources, Division of Archives and History, Archaeology and Historic Preservation Section, the sum of two million seven hundred fifty thousand dollars ($2,750,000) for the 1989-90 fiscal year to fund the program created by this act as follows:  an amount not to exceed one hundred fifty thousand dollars ($150,000) shall be used for the additional staff, equipment, supplies, and other expenses of the Department necessary to effectuate this program; the remaining two million six hundred thousand dollars ($2,600,000) or more shall be used for the purchase of land by the State to be used as relocation sites and for the payment of the contractor as provided in the negotiated service contract.
Sec. 4.  Funds appropriated in this act shall be expended only in accordance with G.S. 121-11 and G.S. 143-31.2.
Sec. 5.  This act shall become effective July 1, 1989.